Friday, December 29, 2017

Oregon bakers lose their appeal

Melissa and Aaron Klein of Sweet Cakes by Melissa

Thursday, Aaron and Melissa Klein, owners of Sweet Cakes by Melissa, lost their case with the Oregon Court of Appeals. The Court sustained a $135,000 fine for refusing to bake a cake in 2013 for (now married) Laurel and Rachel Bowman-Cryer.

The Court overturned, in part, a ruling that the Kleins violated the law by threatening to discriminate against gays in the future. However, that had no effect on the outcome or the award for damages.

In their ruling the Court drew a distinction between bakers and artists like singers and painters. In a strange twist, the Kleins were originally represented by Alliance Defending Freedom. They were replaced by Adam R.F. Gustafson at Boyden, Gray. Kenneth A. Klukowski at First Liberty Institute in Texas also represented the Kleins. FLI's Kelly Shackleford is in the process of figuring out how to present this as a win.